It is enacted by the General Assembly as follows:

SECTION 1. Section 20-13-16 of the General Laws in Chapter 20-13 entitled "Hunting and Hunting Safety" is hereby repealed in its entirety.

{DEL 20-13-16. Harassment of hunters, trappers and fishermen prohibited. -- DEL} {DEL (1) Interference with taking. -- No person may willfully interfere with the lawful hunting, fishing or trapping of a wild animal, wild bird or fish.

(2) Disturbing wild animals, wild birds or fish. -- No person may willfully disturb or attempt to disturb a wild animal, wild bird or fish with the intent to interfere with the hunting, fishing or trapping of them.

(3) Violation. -- A violation of this section is a civil violation for which a forfeiture of not less than $100 nor more than $500 may be adjudged.

(4) Property rights otherwise provided by law. -- This chapter shall not be construed in any way to limit the ownership use, access or control of property rights otherwise provided by law, nor to prohibit any incidental interference arising from lawful activity by land or water users including farmers, fishermen, loggers, and recreationists. DEL}

SECTION 2. Chapter 20-13 of the General Laws entitled "Hunting and Hunting Safety" is hereby amended by adding thereto the following sections:

{ADD 20-13-16. Harassment of hunters, trappers, and fishers prohibited. -- ADD} {ADD (a) No person shall obstruct or interfere with the lawful taking of wildlife by another person at the location where the activity is taking place with intent to prevent such taking.

(b) A person violates this section when he intentionally or knowingly: (1) Drives or disturbs wildlife for the purpose of disrupting the lawful taking of wildlife where another person is engaged in the process of lawfully taking wildlife; (2) blocks, impedes or otherwise harasses another person who is engaged in the process of lawfully taking wildlife; (3) uses natural or artificial visual, aural, olfactory or physical stimuli to effect wildlife behavior in order to hinder or prevent the lawful taking of wildlife; (4) erects barriers with the intent to deny ingress or egress to areas where the lawful taking of wildlife may occur; (5) interjects himself into the line of fire; (6) affects the condition or placement of personal or public property intended for use in the lawful taking of wildlife in order to impair its usefulness or prevent its use; or (7) enters or remains upon private lands without the permission of the owner or his agent, with intent to violate this section.

(c) A violation of this section is a civil violation for which a forfeiture of not less than $100 nor more than $500 may be adjudged. ADD}

{ADD 20-13-17. Injunctive relief -- Damages. -- ADD} {ADD (1) The district court may enjoin conduct which would be in violation of section 20-13-16, upon petition by a person affected or who reasonably may be affected by such conduct, upon a showing that such conduct is threatened or that it has occurred on a particular premises in the past and that it is not unreasonable to expect that under similar circumstances it will be repeated.

(2) The district court may award damages to any person adversely affected by a violation of section 20-13-16, which may include an award for punitive damages. In addition to other items of special damage, measure of damages may include expenditures of the affected person for license and permit fees, travel guides, special equipment and supplies, to the extent that such expenditures were rendered futile by prevention of taking of a wild animal. ADD}

SECTION 3. This act shall take effect upon passage.